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Patna High CourtCR. MISC./63827/2025bail granted

Mantu Rai @ Mantu Kumar Rai v. The State Of Bihar

2025-09-24Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63827 of 2025 Arising Out of PS. Case No.-172 Year-2025 Thana- DORIGANJ District- Saran ====================================================== Mantu Rai @ Mantu Kumar Rai Son of Inar Ray R/o Village - Purbi Baluan, P.S. - Doriganj, Dist. - Saran.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shweta Anand For the Opposite Party/s :

Mr.Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 24-09-2025 Heard the parties.

2. The petitioner is apprehending his arrest in connection with Doriganj P.S. Case No. 172/2025 for the offence under Sections Sections 30(a) of the Bihar Prohibition and Excise Amendment Act lodged on 11.05.2025 by the informant, Raman Nath Jha.

3. As per the prosecution story, the Police intercepted one motorcycle and there is recovery/seizure of 100 liters of countrymade liquor. This led to the FIR.

4. Learned counsel for the petitioner submits that neither anything has been recovered from the conscious possession of the petitioner nor any motorcycle has been recovered to show his connection. Only because, the local named, got implicated. The petitioner has no criminal antecedent.

Patna High Court CR. MISC. No.63827 of 2025(2) dt.24-09-2025 2/3

5. Learned APP opposes the prayer submitting that the local people have named the petitioner.

6. Taking into account the submissions of the parties as also that nothing has been recovered from the conscious possession of the petitioner, he has no criminal antecedent, in that background, this Court is inclined to extend him the privilege of anticipatory bail with conditions.

7. If, however, it is found that contrary to the statement made in paragraph-3, the petitioner has criminal antecedent, the present order shall become infructuous.

8. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned 3rd Special Judge, Excise, Saran at Chapra in connection with Doriganj P.S. Case No. 172/2025, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive

Patna High Court CR. MISC. No.63827 of 2025(2) dt.24-09-2025 3/3 dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;

(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Saif/- U T